ITALY Trends and Developments Contributed by: Giovanni F Casucci, EY Tax & Law
Conclusions In light of the above, the author believes that any reader may be, at the very least, curious to deepen their knowledge of the Italian system in terms of the enforcement of IP rights. From a business point of view, Italy must be considered as a strategic location for design- ing a new way of managing litigation efficiently, without the need to multiply litigation between the same parties over the same industrial prop- erty title. The author hopes that the specialised journals and other independent media will become aware of this and begin, objectively, to take Italian juris- prudential practice seriously, abandoning any stereotypes dictated by ignorance.
It should be noted that, a correct ante causam and ex parte execution of a Descrizione allows for the acquisition of “uncontaminated” data relating to the accounts and related business flows, which offers a much more certain and determinable finding of damages inherent to patent infringement. In addition, the application interpretation in rela- tion to the so-called moral damage should not be ignored, which for decades the jurisprudence of Milan has determined in the additive measure of 50% of the damage ascertained under the patrimonial system. Taken together, these elements offer a strong possibility of being able to obtain significant financial redress from the IP rights holder. The publication of judicial decisions Lastly, in line with Article 15 IPRED, it is common practice for the Italian judiciary to order the pub- lication of decisions, including in precautionary proceedings, in order to ensure the most appro- priate dissemination of the decision adopted. This is a reference, in particular, to the orders for publication on the landing pages of the websites of the counterpart/s: such orders have a duration of no less than 30 days and include the visibility in “pop-up” mode of the text of the decision with a possible translation in another language. It is clear that such publication makes it possible to selectively capture the attention of the relevant public that may be interested in such litigation and not to provide generic and diluted informa- tion, as could be the case for the publication of the decisions in a financial newspaper for a single day.
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